Coronavirus (Scotland) Act 2020

SCHEDULE 7SOther measures in response to coronavirus

(introduced by section 8)

This schedule has no associated Explanatory Notes

Social securityS

1SThe Social Security (Scotland) Act 2018—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)applies in accordance with the modifications in paragraph 5.

Textual Amendments

F22S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5SSection 43 (duty to re-determine) has effect as if—

(a)in subsection (2), after “the determination” there were inserted “ as soon as reasonably practicable ”,

(b)after subsection (5) there were inserted—

“(5A)Any regulations under subsection (5) prescribing a period, that are made before paragraph 5 of schedule 7 of the Coronavirus (Scotland) Act 2020 comes into force, are to be read as though they prescribed a period 9 weeks longer than the period actually prescribed.”.

Irritancy clauses in commercial leases: non-payment of rent or other sums dueS

6SThe Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 applies in accordance with the modifications in paragraph 7.

7SSection 4 (irritancy clauses etc. relating to monetary breaches of lease) has effect as if—

(a)in subsection (3)(a) and (b), for “days” there were substituted “ weeks ”,

(b)after subsection (3) there were inserted—

“(3A)The Scottish Ministers may, by regulations, amend the period referred to in paragraphs (a) and (b) of subsection (3).

(3B)Regulations under subsection (3A) are subject to the negative procedure.”,

(c)after subsection (5) there were inserted—

“(5A)This section applies regardless of whether the circumstances referred to in paragraph (a) or (b) of subsection (1), in which a landlord is entitled to terminate a lease, occurred before or after the date on which paragraph 7 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force.

(5B)A notice served under subsection (2) before the date on which paragraph 7 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force becomes void if, by that date, the time period specified in the notice has not yet expired.”.

Duration of planning permissionS

8SThe Town and Country Planning (Scotland) Act 1997 applies in accordance with the modifications in paragraphs 9 and 10.

9SSection 58 (duration of planning permission) has effect as if after subsection (3A) there were inserted—

“(3B)During the emergency period, a planning permission which otherwise would lapse under subsection (1) or (2) lapses at the end of the extended period, unless, before the end of the extended period, the development to which the permission relates is begun.

(3C)In subsection (3B)—

  • “emergency period” means the period of 6 months beginning with the date on which paragraph 9 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force,

  • “extended period” means the period of 12 months beginning with that date.

(3D)The Scottish Ministers may, by regulations, amend the definition of “emergency period” or “extended period” in subsection (3C).

(3E)Regulations under subsection (3D) are subject to the negative procedure.”.

10SSection 59 (planning permission in principle) has effect as if after subsection (8) there were inserted—

“(8A)During the emergency period, a planning permission which otherwise would lapse under subsection (4) (including by virtue of a direction made under subsection (5)) lapses at the end of the extended period, unless, before the end of the extended period, the development to which the permission relates is begun.

(8B)Where the latest date by which an application would otherwise be required to be made under subsection (2)(a) falls within the emergency period, then that application may be made at any time before the end of the extended period.

(8C)In subsections (8A) and (8B)—

  • “emergency period” means the period of 6 months beginning with the date on which paragraph 10 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force,

  • “extended period” means the period of 12 months beginning with that date.

(8D)The Scottish Ministers may, by regulations, amend the definition of “emergency period” or “extended period” in subsection (8C).

(8E)Regulations under subsection (8D) are subject to the negative procedure.”.

Electronic delivery of copy of deed to Registers of ScotlandS

11SThe Land Registration etc. (Scotland) Act 2012 applies in accordance with the modification in paragraph 12.

12SSection 21 (application for registration of deed) has effect as if after subsection (4) there were inserted—

“(5)For the purposes of this section, submission by electronic means of a copy of the deed is sufficient evidence of the original for the purposes of accepting an application for registration.

(6)But subsection (5) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper's website as being acceptable.

(7)In subsection (5), references to submission by electronic means are to submission—

(a)by means of an electronic communications network (for example as an attachment to an email), or

(b)by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible.

(8)In subsection (7)(a), “electronic communications network” has the meaning given by section 32 of the Communications Act 2003.”.

13SThe Land Registers (Scotland) Act 1868 applies in accordance with the modifications in paragraph 14.

14SSection 6A (writs transmitted electronically to Register of Sasines) has effect as if—

(a)in subsection (1), the words “which is an electronic document” were repealed,

(b)after subsection (5) there were inserted—

“(6)For the purposes of this section, submission by electronic means of a copy of the writ is sufficient evidence of the original for the purposes of accepting an application.

(7)But subsection (6) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper's website as being acceptable.

(8)In subsection (6), references to submission by electronic means are to submission—

(a)by means of an electronic communications network (for example as an attachment to an email),

(b)by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible.

(9)In subsection (8)(a), “electronic communications network” has the meaning given by section 32 of the Communications Act 2003.”.

Land registration: period of effect of advance noticeS

F515S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F516S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F517S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F518S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F619S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Anatomy Act 1984: extension of periodsS

F720S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F721S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F722S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Scrutiny of subordinate legislation in urgent casesS

23SSubordinate legislation which—

(a)is to be made by Scottish statutory instrument, and

(b)would (but for this paragraph) be subject to the affirmative procedure,

may be made without being subject to that procedure if the person making the legislation considers that necessary by reason of urgency.

24SA Scottish statutory instrument containing subordinate legislation made in accordance with paragraph 23 must state that the person who made it considered it necessary, by reason of urgency, to make the legislation in accordance with paragraph 23.

25SWhere subordinate legislation is made in accordance with paragraph 23, the following do not apply—

(a)a requirement to take any steps before or when laying a draft Scottish statutory instrument containing the legislation before the Scottish Parliament in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010,

(b)a requirement to take any steps while a draft Scottish statutory instrument containing the legislation is lying before the Parliament in accordance with that section,

(c)any other requirement to take steps before making the subordinate legislation.

26SSubordinate legislation made in accordance with paragraph 23 must be laid before the Scottish Parliament as soon as reasonably practicable after it is made.

27SSubordinate legislation made in accordance with paragraph 23 ceases to have effect at the end of the period of 28 days beginning with the day on which it is made unless, during that period, the legislation is approved by resolution of the Scottish Parliament.

28SIn calculating the period of 28 days for the purpose of paragraph 27, no account is to be taken of any period during which the Scottish Parliament is—

(a)in recess for more than 4 days, or

(b)dissolved.

29SIf subordinate legislation ceases to have effect as a result of paragraph 27, that does not—

(a)affect the validity of anything previously done under the legislation, or

(b)prevent the making of new subordinate legislation.

30(1)In paragraphs 23 to 29, “subordinate legislation” includes an instrument to be made under any retained direct EU legislation on or after exit day (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act)).S

(2)Paragraphs 23 to 29 do not apply to regulations to be made under paragraph 20(1) of schedule 4.

Business improvement districts: extension of certain arrangementsS

F831S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MuirburnS

F932S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1033S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments